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CRIMES ACT 1914 SECT 85ZZD
85ZZD Determinations of Privacy Commissioner
- (1)
- After investigating a complaint, the Commissioner may:
- (a)
- make a determination dismissing the complaint; or
- (b)
- find the complaint substantiated and make a
determination that includes one or more of the
following:
- (i)
- a declaration that the authority or person about
whom the complaint was made has engaged in conduct
unlawful under this Act and should not repeat or
continue that conduct;
- (ii)
- a declaration that the respondent should do any
reasonable act or carry out any reasonable course of
conduct to redress any loss or damage suffered by
the complainant;
- (iii)
- a declaration that the respondent should employ or
re-employ the complainant;
- (iv)
- a declaration that the respondent should promote
the complainant;
- (v)
- a declaration that the complainant is entitled to
a specified amount by way of compensation for any
loss or damage suffered because of the act or
practice about which the complaint was made;
- (vi)
- a declaration that the termination of a contract
or agreement should be varied to redress any loss or
damage suffered by the complainant;
- (vii)
- a declaration that it would be inappropriate for
any further action to be taken in the matter.
- (2)
- The Privacy Commissioner may require one or both parties
to a complaint to attend such counselling as is specified
by the Commissioner with a view to settling the matter to
which the complaint relates.
- (3)
- When making a determination, the Privacy Commissioner
shall state any findings of fact upon which the
determination is based.
- (4)
- When making a determination, the Privacy Commissioner
may declare that the complainant is entitled to a
specified amount to reimburse the complainant for expenses
reasonably incurred in connection with the making of the
complaint and the investigation of the complaint.
- (5)
- In paragraph (1)(b):
damage includes humiliation suffered by the
complainant or injury to his or her feelings.
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